Underground Storage Tank Srant Guidelines Public Record
Grant Guidelines To States
For Implementing The
Public Record Provision
Of The Energy Policy Act Of 2005
U.S. Environmental Protection Agency
Office Of Underground Storage Tanks
Washington, D.C. 20460
www. epa.gov/oust
EPA510-R-07-001
January 2007
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Underground Storage Tank Srant Guidelines Public Record
Contents
Overview Of The Public Record Grant Guidelines 1
Why Is EPA Issuing These Guidelines? 1
What Is In These Guidelines? 1
When Do These Guidelines Take Effect? 1
Public Record Requirements 2
What Underground Storage Tanks Do These Guidelines Apply To? 2
How Does A State Implement These Guidelines? 2
When Must States Develop, Make Available, And Update The Public Record? 3
How Must States Make The Public Record Available? 3
What Must The Public Record Contain? 4
Minimum Public Record Content 4
Number, Sources, And Causes Of UST Releases And Data
On Equipment Failures 6
How Must States Ensure The Quality Of The Public Record Data? 7
How Will States Demonstrate Compliance With These Guidelines? 8
How Will EPA Enforce States' Compliance With The Requirements In
These Guidelines? 8
For More Information About The Public Record Grant
Guidelines 9
Background About The Energy Policy Act Of 2005 9
Appendices
Appendix A - Sample Public Record - Summary Information On
Underground Storage Tanks (USTs) A-1
Appendix B - Sample Release Data-Gathering Form On Underground
Storage Tanks (USTs) B-1
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Overview Of The Public Record Grant Guidelines
Why Is EPA Issuing These Guidelines?
The U.S. Environmental Protection Agency (EPA), in consultation with states,
developed these grant guidelines to implement the public record provision in Section
9002(d) of the Solid Waste Disposal Act (SWDA), enacted by the Underground Storage
Tank Compliance Act, part of the Energy Policy Act of 2005 signed by President Bush
on August 8, 2005.
Subsection (c) of Section 1526 of the Energy Policy Act amends Section 9002 in
Subtitle I of the Solid Waste Disposal Act to add requirements for states to maintain,
update, and make available to the public a record of underground storage tanks (USTs)
regulated under Subtitle I. EPA must require each state that receives funding under
Subtitle I to meet the public record requirements. Subsection (d) of Section 9002 in
Subtitle I requires EPA to prescribe the manner and form of the public record, and says
that, to the maximum extent practicable, the public record of a state must include:
• The number, sources, and causes of underground storage tank releases in the
state.
• The record of compliance by underground storage tanks in the state with Subtitle
I or a state program approved under Section 9004 of Subtitle I.
• Data on the number of underground storage tank equipment failures in the state.
EPA's Office of Underground Storage Tanks (OUST) is issuing these grant
guidelines to establish the minimum requirements a state receiving Subtitle I funding
(hereafter referred to as "state") must meet in order to comply with the public record
requirements in Section 9002(d).
What Is In These Guidelines?
These guidelines describe the minimum requirements for public record that a
state's underground storage tank program must meet in order for a state to comply with
statutory requirements for Subtitle I funding. These guidelines include: developing and
updating the public record; making the record available to the public; describing the
minimum public record content; ensuring data quality; and demonstrating and ensuring
compliance with these guidelines.
When Do These Guidelines Take Effect?
A state must develop a program for gathering information and begin gathering
data to meet the public record requirement by October 1, 2007.
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Public Record Requirements
What Underground Storage Tanks Do These Guidelines Apply To?
For purposes of providing the public information on percent compliance
and numbers of underground storage tanks, facilities, and inspections, states
must, at a minimum, include underground storage tanks regulated under Subtitle I that
satisfy the definition of underground storage tank in 40 CFR 280.12, except for those
tanks identified in 40 CFR 280.10(b) and 280.10(c) as excluded or deferred
underground storage tanks. Underground storage tanks used for emergency power
generation [deferred from release detection by 280.10(d)] must be included as part of
the public record.
For purposes of providing the public information on confirmed releases
and sources and causes of releases, states must, at a minimum, include
underground storage tanks regulated under Subtitle I that satisfy the definition of
underground storage tank in 40 CFR 280.12, except for those tanks identified in 40 CFR
280.10(b) as excluded underground storage tanks. Underground storage tanks
deferred in 40 CFR 280.10(c) and those used for emergency power generation
[deferred from release detection by 280.10(d)] must be included as part of the public
record.
How Does A State Implement These Guidelines?
A state implements these guidelines by making a record containing information
consistent with these guidelines available to the public.
A state may choose to make a record that contains more comprehensive
information than described in these guidelines available to the public. For example, a
state may choose to make a record available to the public that includes underground
storage tanks regulated by the state but not regulated under Subtitle I.
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Public Record
When Must States Develop, Make Available, And Update The Public Record?
In 2007, state underground storage tank programs must:
Deadlines And Requirements In 2007
Not Later Than
September 30, 2007
October 1 , 2007
States Must
Develop a program for gathering information
required for the public record
Begin gathering data to meet the public record
requirement
In 2008 and beyond, state underground storage tank programs must:
Deadlines And Requirements In 2008 And Beyond
Not Later Than
September 30, 2008
October 1 , 2008 (and beyond)
December 31 , 2008
September 30, 2009 (and beyond)
On or before the same day of the
next year (for example, on or before
December 31 , 2009)
States Must
Complete first year's data gathering
Begin next year's data gathering
Make the public record available to the general
public
For consistency with data states submit to EPA,
states should make available a public record that
includes data from October 1 through September
30 of each year.
Complete next year's data gathering
Update the public record at least annually
How Must States Make The Public Record Available?
EPA believes state underground storage tank programs should use a multi-
pronged approach to making the public record available. At a minimum, states must
make the public record available in electronic format and make the public record
available to those who request the information but do not have electronic access. Each
state must develop a web site that does one of the following:
• The public record is posted on or downloadable from the internet. This option
may be an interactive web site that retrieves the information, a web site that lists
the information, or a file that is downloadable in electronic format.
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• The web site describes how to receive an electronic copy of the public record (for
example via e-mail).
In addition, some people may not have access to electronic information.
Therefore, states must also make the public record available to those who request the
information, but do not have electronic access. Examples of ways to make the public
record available in this instance include paper copies or a public reading room.
What Must The Public Record Contain?
States must provide a public record that, at a minimum, contains the summary
information described below. Appendix A contains a sample public record with
summary information. In addition to summary information, the public record must also
provide the public with instructions on how to obtain site-specific underground storage
tank information on compliance and releases.
Minimum Public Record Content-At a minimum, the following information must be
included in a state's public record.
• Public Record Posted Date - This is the date the public record document was
made available to the public.
• Total LIST Facilities - This is the total number of underground storage tank
facilities in the state containing one or more regulated underground storage tanks
that are not permanently closed. Please note that states may separate facilities
with temporarily-closed underground storage tanks from total facilities as long as
they provide both numbers.
• Total USTs - This is the total number of regulated underground storage tanks in
the state that are not permanently closed. Please note that states may separate
temporarily-closed underground storage tanks from total underground storage
tanks, as long as they provide both numbers.
• Number Of LIST Facilities Inspected - This is the total number of underground
storage tank facilities in the state that had an on-site compliance inspection
conducted in accordance with EPA inspection guidelines applicable at the time of
the inspection, and conducted between the inspection period dates described
below.
• Inspection Period Dates - These are the two dates between which the
inspections listed above were conducted. At a minimum, these dates must
cover the 12 month period for which the public record data is gathered.
• Percent Compliance - This is the percent of underground storage tank facilities
inspected between the inspection period dates described above that were in
compliance with EPA or state regulations during the most recent facility
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inspection. At a minimum, compliance means the facility met the combined
performance measure (release detection and release prevention compliance) of
the significant operational compliance (SOC) requirements described in EPA's
September 30, 2003 memorandum (and attachments) to EPA regions and states.
This document is available on the internet at:
http://www.epa.gov/oust/cmplastc/soc.htm. At a minimum, the percent
compliance must cover the 12 month period for which the public record data is
gathered.
• Compliance Measurement And Reported LIST Universe Statements - These
statements describe:
The basis for the compliance determination. For example, the compliance
rate may be based on the combined performance measure (release
detection and release prevention compliance) for significant operational
compliance with state or federal underground storage tank requirements.
If a state is reporting compliance based on criteria that are more stringent
than the combined performance measure for significant operational
compliance, the state also must identify that their compliance reporting is
more stringent and may list those more stringent requirements.
The universe of underground storage tanks and facilities that the public
record is based on. At a minimum, the public record must contain
information on underground storage tanks to which the guidelines apply
(see page 2 for applicability). If a state provides information to the public
based on deferred underground storage tanks or underground storage
tanks that are regulated only by the state, then the statement must also
provide the public with that information.
• Release Reporting Period Dates - These are the two dates between which the
confirmed releases reported in the public record document occurred. At a
minimum, these dates must cover the 12 month period for which the public
record data is gathered.
• Number Of Confirmed Releases - This is the number of confirmed releases
that occurred between the release reporting period dates described above. The
term confirmed release has the same definition used in the semiannual activity
reports with one exception - confirmed releases from hazardous substance
underground storage tank systems must also be included in the public record.
The confirmed release definition for the semiannual activity reports is available
on the internet at: http://www.epa.qov/oust/cat/perfmeas.pdf. Please note that
states may provide petroleum and hazardous substance confirmed releases
separately as long as they provide both numbers.
• Number And Percent Of Releases By Source - This is the number and
percent of releases attributed to each source where the source of release is
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known. See the information in the Number, Sources, And Causes Of LIST
Releases And Data On Equipment Failures section below for descriptions of
sources.
• Number And Percent Of Causes By Source - This is the number and percent
of causes attributed to each known source. See the information in the Number,
Sources, And Causes Of LIST Releases And Data On Equipment Failures
section below for descriptions of causes.
Number, Sources, And Causes Of LIST Releases And Data On Equipment Failures
- The release source and cause data that must be included in the public record are
those associated with a reportable release in 40 CFR Part 280.50 or applicable state
regulation. States are not required to provide information on releases where the source
is not known. The data on sources and causes of releases also includes data on
equipment failures, as required by Section 9002(d)(2)(C) of Subtitle I, by providing the
piece of equipment that failed (release source) and the reason for the failure (release
cause). The following contains the minimum list of sources and causes, including those
associated with equipment failures, and provides a short description for each:
• Sources
Tank - This term means the tank that stores the product and is part of the
underground storage tank system.
Piping - This term means the piping and connectors running from the
tank or submersible turbine pump to the dispenser or other end-use
equipment. It does not include vent, vapor recovery, or fill lines.
Dispenser - This term includes the dispenser and equipment used to
connect the dispenser to the piping. For example, a release from a
suction pump or components located above the shear valve would be
considered a release from the dispenser.
Submersible Turbine Pump (STP) Area - This term includes the
submersible turbine pump head (typically located in the tank sump), the
line leak detector, and the piping that connects the submersible turbine
pump to the tank.
Delivery Problem - This term identifies releases that occurred during
product delivery to the tank. Typical causes associated with this source
are spills and overfills.
Other - Use this option when the release source does not fit into one of
the above categories. For example, releases from vent lines, vapor
recovery lines, and fill lines would be included in this category.
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• Causes
Spill - Use this cause when a spill occurs. For example, spills may occur
when the delivery hose is disconnected from the fill pipe of the tank or
when the nozzle is removed from the vehicle at the dispenser.
Overfill - Use this cause when an overfill occurs. For example, overfills
may occur from the fill pipe at the tank or when the nozzle fails to shut off
at the dispenser.
Physical Or Mechanical Damage (Phys/Mech Damage) - Use this
cause for all types of physical or mechanical damage except corrosion as
described below. Some examples of physical or mechanical damage
include: a puncture of the tank or piping, loose fittings, broken
components, and components that have changed dimension (for example,
elongation or swelling).
Corrosion - Use this cause when a metal tank, piping, or other
component has a release due to corrosion (for steel, corrosion takes the
form of rust). This is a specific type of physical or mechanical damage.
Installation Problem - Use this cause when the problem is determined to
have occurred specifically because the underground storage tank system
was not installed properly. Note that these problems may be difficult to
determine.
Other - Use this option when the cause is known but does not fit into one
of the above categories. For example, accidentally or intentionally putting
regulated substances into a monitoring well would be included in this
category.
Unknown - Use this option only when the cause is not known.
Appendix B contains a sample release data-gathering form.
How Must States Ensure The Quality Of The Public Record Data?
To the maximum extent practicable, states must provide accurate and complete
data to the public. States must use quality assurance practices that will: produce data
of quality adequate to meet project objectives; minimize reporting of inaccurate data;
and allow for timely updates to the data as changes or corrections occur.
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How Will States Demonstrate Compliance With These Guidelines?
After September 30, 2007, the date by which states must develop a program for
gathering the public record information, and before receiving future grant funding, states
must provide one of the following to the appropriate EPA regional office:
• For a state that has met the requirements for public record, the state must submit
a certification indicating that the state meets the requirements in the guidelines.
• For a state that has not yet met the requirements for public record, the state must
provide a document that describes the state's efforts to meet the requirements.
This document must include:
A description of the state's activities to date to meet the requirements in
the guidelines,
A description of the state's planned activities to meet the requirements,
and
The date by which the state expects to meet the requirements.
EPA may verify state certifications of compliance through site visits, record
reviews, or audits as authorized by 40 CFR Part 31.
How Will EPA Enforce States' Compliance With The Requirements In These
Guidelines?
As a matter of law, each state that receives funding under Subtitle I, which would
include a Leaking Underground Storage Tank (LUST) Cooperative Agreement, must
comply with certain underground storage tank requirements of Subtitle I. EPA
anticipates State and Tribal Assistance Grants (STAG) funds will be available for
inspection and other UST compliance activities. EPA will also condition STAG grants
with compliance with these guidelines. Absent a compelling reason to the contrary,
EPA expects to address noncompliance with these STAG grant conditions by utilizing
EPA's grant enforcement authorities under 40 CFR Part 31.43, as necessary and
appropriate.
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For More Information About The Public Record Grant Guidelines
Visit the EPA Office of Underground Storage Tanks' web site at
www.epa.gov/oust or call 703-603-9900.
Background About The Energy Policy Act Of 2005
On August 8, 2005, President Bush signed the Energy Policy Act of 2005. Title XV, Subtitle B of this act (titled the
Underground Storage Tank Compliance Act) contains amendments to Subtitle I of the Solid Waste Disposal Act - the
original legislation that created the underground storage tank (LIST) program. These amendments significantly affect
federal and state underground storage tank programs, will require major changes to the programs, and are aimed at
further reducing underground storage tank releases to our environment.
The amendments focus on preventing releases. Among other things, they expand eligible uses of the Leaking
Underground Storage Tank (LUST) Trust Fund and include provisions regarding inspections, operator training,
delivery prohibition, secondary containment and financial responsibility, and cleanup of releases that contain
oxygenated fuel additives.
Some of these provisions required implementation by August 2006; others will require implementation in subsequent
years. To implement the new law, EPA and states will work closely with tribes, other federal agencies, tank owners
and operators, and other stakeholders to bring about the mandated changes affecting underground storage tank
facilities.
To see the full text of this new legislation and for more information about EPA's work to implement the underground
storage tank provisions of the law, see: http://www.epa.gov/oust/fedlaws/nrq05 01 .htm
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Appendix A - Sample Public Record - Summary Information
On Underground Storage Tanks (USTs)
General Information
Public Record Posted Date:
Total Number Of UST Facilities:
Total Number Of USTs:
Summary Information For On-Site Inspections
Number Of UST Facilities Inspected:
Inspection Period Dates: To:
Percent Compliance (Combined Measure):
Note: Tank, facility, and on-site inspection information is based on [state: describe universe of tanks]. On-site
inspections measure compliance with (SOC, state regulations, Subtitle I, etc.). [States may list more
stringent requirements here.]
Summary Information For Releases
Number Of Confirmed UST Releases:
Release Reporting Period Dates:
To:
Summary Information For Release Sources And Causes
Source
Tank
Piping
Dispenser
STP
Delivery
Problem
Other
Totals
#
%
Cause
Spill
#
%
Overfill
#
%
Phys/Mech
Damage
#
%
Corrosion
#
%
Install
Problem
#
%
Other
#
%
Unknown
#
%
# = number, % = percent of total number
Note: Release, source and cause information is based on [state: describe universe of tanks]. Source and
cause data were collected using [state: describe data-gathering technique(s)].
[State: Provide information here on how the public can obtain site-specific UST information on
compliance and releases.]
A-1
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Appendix B - Sample Release Data-Gathering Form
On Underground Storage Tanks (USTs)
(for known sources of release)
General Information
UST Facility Name Or ID:
Date Release Was Confirmed:
Source Information - Where did the release come from?
D
D
D
D
D
D
Tank
Piping
Dispenser
Submersible Turbine Pump
Delivery Problem
Other (specify)
Cause Information - Why did the release occur?
D Spill
D Overfill
D Corrosion
D Physical Or Mechanical Damage
D Install Problem
D Other (specify)
D Unknown
B-1
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